NAC439.380. Hearings: Failure of party to appear; stipulations; continuances; official notice.

     1. If a party fails to appear at a hearing scheduled by the hearing officer and no continuance has been granted, the hearing officer may hear the evidence and proceed to consider the matter and dispose of it on the basis of the evidence before the hearing officer. If the subject matter of the hearing is proposed disciplinary action and the appellant fails to appear at the hearing and fails to reply to the notice, the charges specified in the proposed finding are presumed to be true.

     2. With the approval of the hearing officer, the parties may stipulate as to any fact at issue, either by a written stipulation introduced in evidence as an exhibit or by oral statements shown upon the record. Any such stipulation is binding upon all parties so stipulating and may be regarded by the hearing officer as evidence at the hearing.

     3. The hearing officer may, before or during a hearing, upon a proper showing, grant a continuance for submission of additional proof or other reasonable purpose.

     4. In addition to the facts mentioned in subsection 5 of NRS 233B.123, the hearing officer may take official notice of:

     (a) Regulations, official reports and decisions and orders of the Board or any other regulatory agency of the State of Nevada.

     (b) Contents of certificates and permits issued by the Division.

     (c) Any provision of the Nevada Revised Statutes.

     [Bd. of Health, License Hearings Rule 7, eff. 6-24-80]—(NAC A by R037-97, 10-30-97)